If you have lost someone you care about in an accident or due to the reckless or irresponsible actions and behaviors of somebody else, Illinois tort law affords a deceased person’s family to pursue the responsible party for financial compensation. The Chicago wrongful death attorneys of Rosenfeld Injury Lawyers have decades of experience assisting clients in their efforts to hold those responsible for their loved ones’ deaths liable for their misdeeds.
However, many people never file a lawsuit for the loss of their loved one because they are unaware of their rights or fear excessive attorney fees. We hope to help you put your worries to ease and will be glad to advise you on your rights and options free of charge.What is Wrongful Death Lawsuit in the Legal Context?
Before you can determine whether you have the grounds for a wrongful death lawsuit, you need to understand what qualifies as wrongful death. Plainly put, it is defined as any unintentional action or negligent behavior that results in the death of another person. There does not need to be ill intent involved for a case to qualify for wrongful death under Illinois law.
Some examples that qualify include the following.
- Loss of a loved one in a car accident determined to be the fault of another motorist or truck driver. Depending on the severity of the reckless behavior involved, the driver may also face criminal charges.
- Medical malpractice resulting in fatal injuries. This can include surgical errors, injuries during birth, misdiagnosis and injuries caused by medical devices.
- Nursing home neglect or abuse that results in a medical condition or injuries that claim the life of the patient.
- Workplace accidents. Most fatal work accidents occur on construction sites, but any accident that occurs at work due to another person’s irresponsible behavior that claims the life of another may qualify as wrongful death.
- Fatal drug reactions. When drug manufacturers do not provide adequate warnings about their medications and patients suffer severe and fatal side effects, the manufacturer may be held liable on grounds of wrongful death.
Our Chicago wrongful death lawyers evaluate the details of each case to determine a fair value of the damages sought from the parties at fault for your loved one’s death. Generally, the damages that you can expect to recover from a successful lawsuit would include any variety of the following.
- The cost of your loved one’s medical care prior to his or her passing, including emergency care.
- The cost of providing a funeral and burial services to lay your loved one to rest.
- The value of your loved one’s pain and suffering preceding his or her death.
- Loss of consortium, which can be defined as the emotional anguish that accompanies the loss of a valued family member and member of the community.
- The value of the deceased’s financial contribution to the family as well as the loss of benefits and inheritance caused by his or her death. For example, if your loved one provided health insurance to your family, the value of the insurance benefit would be included in the damages sought. If the individual was working at the time of his or her passing, a claim for lost income could be sought from a responsible party.
- Punitive damages. The purpose of punitive damages is to punish the party responsible for your loved one’s passing. If the negligent act or behavior is considered especially reckless or contemptible, punitive damages may be applied as a means of providing your family with justice while making an example of the negligent party to discourage similar behavior in the future.
Many Illinois wrongful death claims are never filed because the families of the deceased feel that they have a low chance of success. They may also be wary of attorneys that don’t place their interests first.
Rosenfeld Injury Lawyers has fought on behalf of thousands of families across Illinois to help them find justice following the loss of a loved one and your interests and needs are our priority. For this reason, we offer free consultations so that you can have your questions and concerns answered by a lawyer without any risk or obligation and if we do take on your case, you will not be required to pay us until we have successfully secured compensation on your behalf.
Contact us today to schedule your free consultation with one of our Chicago wrongful death lawyers.
Read more about specific types of Illinois wrongful death lawsuits our office handle below:
- Pharmacy Error Fatality
- DUI Auto Accident Death
- Premises Liability Wrongful Death
- Child Fatalities
- Maritime / Jones Act Death
- Wrongful Death Construction Accident
- Auto Accident Wrongful Death
- Medical Malpractice Wrongful Death
- Carbon Monoxide
- Boat Accident
- Truck Accidents
- Bicycle Accidents
- Bed Sore Fatality
- Motorcycle Accident
- Construction Accidents
- Wrongful Death Lawsuit FAQ's